Ninth U.S. Circuit Court of Appeals Chief Judge Alex Kozinski found that, during a dramatic and unprecedented emergency evening session, the Council violated the law when they sought to take jurisdiction over the issue from the DWP panel and overturn a series of rate hikes sought by Los Angeles Mayor Antonio Villaraigosa.
Kozinski's decision nixed a unanimous vote by the Council that would have cancelled rate hikes scheduled to take place April 1st. "In effect, the Council reasoned that it has authority over the DWP Commission, but once they voted on the measure and turned over to the Commission, it cannot impose further restrictions. Hogwash," Kozinski wrote.
Kozinski has scheduled a hearing for June 12th where both sides will make their case. In the meantime, the DWP can move forward with the hikes.